The Manager Legal vs Puspalata Ojha And Others
2023 Latest Caselaw 14517 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.315 of 2022
                 The Manager Legal, M/s. IFFCO-
                 TOKIO General Insurance Co. Ltd.,         ....
                                                                      Appellant
                 Jayadev Vihar, Bhubaneswar
                                                        Mr. A.A. Khan, Advocate
                                             -versus-
                 Puspalata Ojha and Others                 ....       Respondent
                                Mr. K.C. Nayak, Counsel for Respondents 1 & 2


                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

13.11.2023 Order No.

03. 1. The matter is taken up through hybrid mode.

2. Heard Mr. A.A. Khan, learned counsel for insurer - Appellant, Mr. K.C. Nayak, learned counsel for claimant - Respondents 1 & 2.

3. Present appeal by the insurer is directed against the impugned judgment dated 26th April, 2022 of learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case No.220-D of 2017, wherein compensation to the tune of Rs.14,28,784/- (including interest) has been granted on account of death of deceased Laxman Ojha arising out of and in course of his employment as driver in the Truck bearing registration number OR-04-H-3547.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,70,000/- consolidated is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for claimant - Respondents and Mr. Khan, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

5. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.8,70,000/- (eight lakhs seventy thousand) along with accrued interest thereof be disbursed in favour of the claimant - Respondents within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer - Appellant.

6. However the direction for payment of penal interest and penalty is waived.

7. The appeal is disposed of accordingly.

8. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified

Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 15-Nov-2023 11:13:21